RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00607
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her reason for discharge of Erroneous Enlistment be changed to
Medical.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She had flat feet which disqualified her from remaining in the Air
Force; however, she believes she should receive a Medical
discharge because she is receiving 10% disability compensation from
the Department of Veterans Affairs (DVA).
In support of her request, the applicant provides a copy of letter
from her Senators office and a copy of her DD Form 293, Application for the Review of Discharge from the Armed Forces of
the United States.
Her complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 11 Mar 08 and
was progressively promoted to the grade of airman first class (E-
3), having assumed that grade effective and with a date of rank of
25 Apr 08. The applicant was notified by her commander that he was
recommending that she be discharged from the Air Force under the
provisions of AFI 36-3208, Chapter 5, paragraph 5.14, Erroneous
Enlistment. The specific reason for this action was for being
diagnosed with flat feet, and the condition existed prior to
entering the military. Had the Air Force known this condition
would have prevented her from performing her duties, she would not
have been allowed to enter into the military. The applicant
consulted counsel and submitted statements on her own behalf.
After a legal review, the deputy staff judge advocate found the
case legally sufficient. The applicant received an honorable
discharge from the Air Force on 26 Nov 08 after serving 8 months
and 16 days on active duty.
___________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. SGPS states that after a review of
the applicants medical records, it was noted that she had
asymptomatic bilateral pes planus on her 8 Jun 07 accession
physical. She completed basic military training school; however,
after she was assigned to security forces it was found that she had
stress changes in her ankles that her physicians felt was a result
of her pes planus. She could not continue to train as a security
forces member and was put on medical hold for a second time. Once
she was reevaluated, it was determined that her condition existed
prior to service and she was recommended for an entry-level
separation under the Erroneous Enlistment clause. SGPS cannot
support her request to change her RE code or narrative reason for
separation.
The SGPS complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 26 Jul 10 for review and comment within 30 days. As of this
date, this office has received no response.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. In this respect,
the Board would like to point out the Department of Defense (DoD),
operating under Title 10, United States Code (U.S.C.), only
provides disability compensation for the medical condition(s)
which is (are) the cause for career termination, and then only for
the degree of impairment present at the time of final military
disposition. However, on the other hand, the DVA is authorized to
offer compensation for any illness or injury determined service-
incurred or aggravated, without regard to its demonstrated impact
upon a service members retainability, fitness to serve, or
underlying reason for separation. Therefore, based on the
aforementioned, we agree with the opinion and recommendation of
the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to recommend
granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2009-00607 in Executive Session on 21 Sep 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Sep 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 7 Jun 10.
Exhibit D. Letter, SAF/MRBR, dated 26 Jul 10.
Panel Chair
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